HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Committee of Management RMPP – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Committee of Management of a Government aided Intermediate College in District Haridwar, has filed this writ petition, challenging the orders dated 9th April 2025 and 27th June 2025, passed by Director, Secondary Education, Uttarakhand.
2. By the first order dated 9th April 2025, a three member enquiry committee, headed by Regional Additional Director of Education, Pauri, was constituted. By the subsequent order dated 27th June 2025, another three member committee was constituted to look into the allegations made in the representation whereby request was made to suspend the administrative powers of the management committee, till the issue of fake election is decided.
3. It transpires that respondent No. 5, who was life member of the society, which is running the college, filed appeal against approval granted to the election of committee of management by the Regional Additional Director of Education, Pauri vide order dated 28th January 2025. The said appeal was filed before Director, Secondary Education.
4. In the appeal, it was alleged that the then Regional Director of Education, in collusion with person claiming to have been elected unopposed as Ma
Without rival committees dispute, Director cannot under Section 29(7) inquire election validity of recognized management; Societies Act governs. Section 34 enables mismanagement probes.
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
The provision for enrollment of new members in the Scheme of Administration is directory, not mandatory, and a prior decision on membership induction cannot be questioned in subsequent complaints if ....
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
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